Full Text of HB4496 98th General Assembly
HB4496ham001 98TH GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 3/4/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4496
| 2 | | AMENDMENT NO. ______. Amend House Bill 4496 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 5-745 as follows:
| 6 | | (705 ILCS 405/5-745)
| 7 | | Sec. 5-745. Court review.
| 8 | | (1) The court may require any legal custodian or guardian | 9 | | of the person
appointed under this Act, including the | 10 | | Department of Juvenile Justice for youth committed under | 11 | | Section 5-750 of this Act, to report periodically to the court | 12 | | or may cite him
or her into court and require him or her, or his | 13 | | or her agency, to make a full
and accurate report of
his or her | 14 | | or its doings in behalf of the minor, including efforts to | 15 | | secure post-release placement of the youth after release from | 16 | | the Department's facilities. The legal custodian or
guardian,
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| 1 | | within 10 days after the citation, shall make the report, | 2 | | either in writing
verified by affidavit or orally under oath in | 3 | | open court, or otherwise as the
court directs. Upon the hearing | 4 | | of the report the court may remove the legal
custodian or | 5 | | guardian and appoint another in his or her stead or restore the
| 6 | | minor to
the custody of his or her parents or former guardian | 7 | | or legal custodian.
| 8 | | (2) A guardian or legal custodian appointed by the court | 9 | | under this
Act shall file updated case plans with the court | 10 | | every 6 months. Every agency
which has guardianship of a child | 11 | | shall file a supplemental petition for court
review, or review | 12 | | by an administrative body appointed or approved by the court
| 13 | | and further order within 18 months of the sentencing order and | 14 | | each 18 months
thereafter. The petition shall state facts | 15 | | relative to the child's present
condition of physical, mental | 16 | | and emotional health as well as facts relative to
his or her | 17 | | present custodial or foster care. The petition shall be set for
| 18 | | hearing
and the clerk shall mail 10 days notice of the hearing | 19 | | by certified mail,
return receipt requested, to the person or | 20 | | agency having the physical custody
of the child, the minor and | 21 | | other interested parties unless a
written waiver of notice is | 22 | | filed with the petition.
| 23 | | If the minor is in the custody of the Illinois Department | 24 | | of Children and Family Services, pursuant to an order entered | 25 | | under this Article, the court shall conduct permanency hearings | 26 | | as set out in subsections (1), (2), and (3) of Section 2-28 of |
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| 1 | | Article II of this Act. | 2 | | Rights of wards of the court under this Act are enforceable | 3 | | against any
public agency by complaints for relief by mandamus | 4 | | filed in any proceedings
brought under this Act.
| 5 | | (2.1) The following provisions apply if the minor is in the | 6 | | physical custody of the Department of Juvenile Justice. The | 7 | | Department of Juvenile Justice shall file updated case plans | 8 | | with the court every 6 months. The plan shall also be provided | 9 | | to the minor's court appointed guardian ad litem, when the | 10 | | Department has received written notice of the appointment and a | 11 | | copy of the order making the appointment. When the court record | 12 | | includes last known addresses for the minor's parents and | 13 | | guardian, the Department shall send a notice to the parents or | 14 | | guardian that the plan is available and the Department shall | 15 | | provide the plan to the parents or guardian upon request. The | 16 | | plan shall include: | 17 | | (a) information as to the minor's physical, mental, and | 18 | | emotional health; | 19 | | (b) a summary of the services provided to the minor to | 20 | | address the minor's physical, mental, and emotional | 21 | | health; | 22 | | (c) a description of the minor's general well-being, | 23 | | including whether any information exists that the minor has | 24 | | been abused or neglected while in the custody of the | 25 | | Department; | 26 | | (d) a description of the minor's unmet physical, |
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| 1 | | mental, and emotional health and educational needs which | 2 | | have been identified by the Department and the plan to | 3 | | address these needs; | 4 | | (e) information as to the Department's efforts to | 5 | | secure post-release placement of the minor after release | 6 | | from the Department. The plan shall specifically state | 7 | | whether the minor remains in the physical custody of the | 8 | | Department solely because a post-release placement has not | 9 | | been secured; | 10 | | (f) identification of the minor's grade level and | 11 | | educational history, including information about whether | 12 | | the minor has in the past or is currently receiving special | 13 | | education services; | 14 | | (g) if the minor is currently receiving special | 15 | | education services a copy of the minor's Individualized | 16 | | Education Plan shall be included in the service plan; | 17 | | (h) identification of educational goals, educational | 18 | | needs, and identifiable educational problems; and | 19 | | (i) a determination as to the need for a case study | 20 | | evaluation. | 21 | | Upon receipt of the plan, the court shall review the report | 22 | | and determine whether a hearing would serve the minor's best | 23 | | interests. The guardian ad litem, parent, or guardian of the | 24 | | minor may request that the court schedule the matter for a | 25 | | hearing. When the court has set a hearing on the case plan, the | 26 | | clerk shall mail notice of the hearing to the Director of |
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| 1 | | Juvenile Justice and the minor's guardian ad litem at least 10 | 2 | | days prior to the hearing and when the court record includes | 3 | | their last known addresses, to the minor's parents and | 4 | | guardian. If the minor does not have an attorney or guardian ad | 5 | | litem appointed, the court may appoint an attorney or guardian | 6 | | ad litem for the minor, or both. If after receiving evidence, | 7 | | the court determines that the services contained in the plan | 8 | | are not reasonably calculated to prepare the minor for a | 9 | | successful reentry into the community, the court shall put in | 10 | | writing the factual basis supporting the determination and | 11 | | enter specific findings based on the evidence. The court also | 12 | | shall enter an order for the Department to develop and | 13 | | implement a new service plan or to implement changes to the | 14 | | current service plan consistent with the court's findings. The | 15 | | new service plan shall be filed with the court and served on | 16 | | all parties within 45 days of the date of the order. The court | 17 | | shall continue the matter until the new service plan is filed. | 18 | | Unless otherwise specifically authorized by law, the court may | 19 | | not under subsection (2) or subsection (3) of this Section | 20 | | order specific placements, specific services, or specific | 21 | | service providers to be included in the plan. | 22 | | (3) The minor or any person interested in the minor may | 23 | | apply to the court
for a change in custody of the minor and the | 24 | | appointment of a new custodian or
guardian of the person or for | 25 | | the restoration of the minor to the custody of
his or her | 26 | | parents or former guardian or custodian. In the event that the
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| 1 | | minor has
attained 18 years of age and the guardian or | 2 | | custodian petitions the court for
an order terminating his or | 3 | | her guardianship or custody, guardianship or legal
custody
| 4 | | shall terminate automatically 30 days after the receipt of the | 5 | | petition unless
the
court orders otherwise. No legal custodian | 6 | | or guardian of the person may be
removed without his or her | 7 | | consent until given notice and an opportunity to be
heard by | 8 | | the court.
| 9 | | (Source: P.A. 96-178, eff. 1-1-10; 97-518, eff. 1-1-12.)".
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